"And with that which has no equivalent, between feeding and fasting"
Machine translationRead the Arabic original
The Shaykh : He said: "And with that which has no equivalent" This is the second type: "And with that which has no equivalent, between feeding and fasting" So, one is given the choice between two things regarding that which has no equivalent. What are they? Feeding and fasting. What was dropped? The equivalent. Why was it dropped? Because there is no similarity. So, for game that has no equivalent, its value is either used to buy food to feed the poor, or one fasts for each day of feeding a poor person. An example of that which has no equivalent is locusts. Locusts are game that has no equivalent. So, if a person in the state of ihram kills locusts, he must either pay their value to buy food to feed each poor person a mudd, or fast for each mudd for one day. We have finished with the penalty for game. Now, the penalty for game is divided into two categories: one is game that has an equivalent, and the second is game that has no equivalent. If it is game that has an equivalent, one is given the choice between three things: slaughtering the equivalent, feeding that corresponds to the value of the equivalent, or fasting that corresponds to the feeding, one day for each mudd. What about that which has no equivalent? One is given the choice between feeding and fasting only, and the equivalent is dropped because there is no equivalent. So, we have now passed through two types of expiation, both of which involve a choice: the expiation for harm, and the second is the penalty for game.
The questioner : What is the stronger position regarding valuation?
The Shaykh : The stronger position regarding valuation is that the consideration is the value of the substitute, not the value of the game. Which is more?
The questioner : The substitute.
The Shaykh : Not in every case. It may be the substitute, or it may be the game. If he hunts a gazelle, its equivalent is a female goat. The female goat is worth twenty riyals, and the gazelle is worth two thousand riyals. The gazelle is more expensive.
The questioner : Some female goats are sold for ten thousand.
The Shaykh : Which female goats? Domestic female goats, may Allah will it. In any case, this is rare, my brothers. What remains for us? A chapter on the penalty for game will come to us, if Allah wills. Now, we have divided the prohibitions into four categories:
That in which there is no expiation, that whose expiation is severe, that whose penalty is the penalty for game, and that whose expiation is the expiation for harm. The author (may Allah have mercy on him) mixed some of them together, but we will not agree with him on that. He said at the end of the chapter, before the section: "And intercourse in the private part is obligatory, and in Hajj a camel is obligatory, and in 'Umrah a sheep is obligatory, and if his wife consented, it is obligatory for her"
Interception in the private part is obligatory in Hajj. When? Before the first release. It must be qualified. "Interception" with the letter ba indicates causality. "Interception" means sexual intercourse in the private part, not between the thighs, for example. In Hajj, a camel is obligatory, on the condition that it is before the first release. This expiation is what? It is the severe one, in which a camel is required. And in 'Umrah, a sheep is required. This sheep is the expiation for harm, because whatever of the prohibitions obligates a sheep is the expiation for harm. For this reason, most of the prohibitions are considered the expiation for harm. Sexual intercourse after the first release obligates a sheep. So, its expiation is the expiation for harm. Direct contact without ejaculation is the expiation for harm. And with ejaculation, according to the correct opinion, it is also the expiation for harm. So, if you know the restriction we mentioned, you will have relief. What remains for us is the fourth category. What is it? That in which there is no expiation. And this is mentioned in the first chapter before this one. He said: "And it is forbidden to contract marriage, and it is not valid, and there is no expiation." And he omitted mentioning it here because the chapter says, the author says: "Chapter on Expiation" And marriage does not have an expiation.
The questioner : What is the stronger position regarding valuation?
The Shaykh : The stronger position regarding valuation is that the consideration is the value of the substitute, not the value of the game. Which is more?
The questioner : The substitute.
The Shaykh : Not in every case. It may be the substitute, or it may be the game. If he hunts a gazelle, its equivalent is a female goat. The female goat is worth twenty riyals, and the gazelle is worth two thousand riyals. The gazelle is more expensive.
The questioner : Some female goats are sold for ten thousand.
The Shaykh : Which female goats? Domestic female goats, may Allah will it. In any case, this is rare, my brothers. What remains for us? A chapter on the penalty for game will come to us, if Allah wills. Now, we have divided the prohibitions into four categories:
That in which there is no expiation, that whose expiation is severe, that whose penalty is the penalty for game, and that whose expiation is the expiation for harm. The author (may Allah have mercy on him) mixed some of them together, but we will not agree with him on that. He said at the end of the chapter, before the section: "And intercourse in the private part is obligatory, and in Hajj a camel is obligatory, and in 'Umrah a sheep is obligatory, and if his wife consented, it is obligatory for her"
Interception in the private part is obligatory in Hajj. When? Before the first release. It must be qualified. "Interception" with the letter ba indicates causality. "Interception" means sexual intercourse in the private part, not between the thighs, for example. In Hajj, a camel is obligatory, on the condition that it is before the first release. This expiation is what? It is the severe one, in which a camel is required. And in 'Umrah, a sheep is required. This sheep is the expiation for harm, because whatever of the prohibitions obligates a sheep is the expiation for harm. For this reason, most of the prohibitions are considered the expiation for harm. Sexual intercourse after the first release obligates a sheep. So, its expiation is the expiation for harm. Direct contact without ejaculation is the expiation for harm. And with ejaculation, according to the correct opinion, it is also the expiation for harm. So, if you know the restriction we mentioned, you will have relief. What remains for us is the fourth category. What is it? That in which there is no expiation. And this is mentioned in the first chapter before this one. He said: "And it is forbidden to contract marriage, and it is not valid, and there is no expiation." And he omitted mentioning it here because the chapter says, the author says: "Chapter on Expiation" And marriage does not have an expiation.